Marketing Subcontractor Agreement Template for England and Wales

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Key Requirements PROMPT example:

Marketing Subcontractor Agreement

"I need a Marketing Subcontractor Agreement for engaging a digital marketing specialist to handle our social media campaigns and SEO optimization, with specific provisions for data protection and performance metrics, starting from March 2025."

Document background
The Marketing Subcontractor Agreement is essential when a marketing agency or professional needs to engage specialized marketing services from third parties. This agreement, governed by English and Welsh law, establishes clear parameters for service delivery, quality standards, and compliance requirements. It addresses key aspects such as intellectual property rights, data protection, payment terms, and confidentiality, while ensuring alignment with UK marketing regulations and industry standards. The document is particularly relevant when subcontracting specific marketing functions such as content creation, digital marketing, or campaign management.
Suggested Sections

1. Parties: Identifies and defines the contracting parties (main contractor and subcontractor)

2. Background: Explains context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Services: Detailed description of marketing services to be provided

5. Payment Terms: Fees, payment schedule, expenses, and invoicing requirements

6. Term and Termination: Duration of agreement and termination provisions

7. Intellectual Property Rights: Ownership and usage rights of marketing materials and content

8. Confidentiality: Protection of confidential information and trade secrets

9. Data Protection: Compliance with GDPR and data protection laws

Optional Sections

1. Non-Compete: Restrictions on working with competitors (use when protecting market position is crucial)

2. Service Levels: Specific performance metrics and standards (use for complex or high-value contracts)

3. Insurance: Required insurance coverage (use when services involve significant risks)

4. Compliance with Laws: Specific regulatory compliance requirements (use for regulated industries or specific marketing activities)

Suggested Schedules

1. Schedule of Services: Detailed breakdown of marketing services and deliverables

2. Fee Schedule: Detailed pricing structure and payment terms

3. Service Level Agreement: Specific performance metrics and measurement criteria

4. Brand Guidelines: Client's branding requirements and standards

5. Data Processing Agreement: Detailed terms for handling personal data under GDPR

6. Key Personnel: List of key team members and their roles

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

UK GDPR and Data Protection Act 2018: Core data protection legislation governing the processing, storage and transfer of personal data in the UK. Essential for any marketing activities involving personal data.

Privacy and Electronic Communications Regulations (PECR): Specific rules for electronic marketing, including email marketing, cookies, and telephone marketing.

Consumer Protection from Unfair Trading Regulations 2008: Prohibits unfair marketing practices and sets standards for business-to-consumer marketing activities.

CAP Code: UK Code of Non-broadcast Advertising and Direct & Promotional Marketing, providing detailed rules for marketing communications.

IR35 Legislation: Off-payroll working rules determining contractor tax status and employment relationships.

Copyright, Designs and Patents Act 1988: Protects intellectual property rights in marketing materials, creative works, and content.

Trade Marks Act 1994: Governs the use and protection of trademarks in marketing materials and branding.

Unfair Contract Terms Act 1977: Regulates contractual terms, particularly those limiting liability or creating imbalanced obligations.

Electronic Commerce Regulations 2002: Rules governing electronic commerce and digital marketing activities.

Consumer Contracts Regulations 2013: Regulates contracts between traders and consumers, including marketing-related agreements.

Financial Services and Markets Act 2000: Specific regulations for marketing financial products and services.

Equality Act 2010: Ensures marketing activities and employment practices are non-discriminatory.

Competition Act 1998: Regulates anti-competitive practices and ensures fair market behavior in marketing activities.

Agency Workers Regulations 2010: Governs the rights of agency workers and could affect marketing subcontractor relationships.

Common Law Contract Principles: Fundamental principles of contract law including offer, acceptance, consideration, and intention to create legal relations.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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